1. Which court has the jurisdiction of copyright infringement cases
1. Copyright civil dispute cases shall be subject to the jurisdiction of the people's courts above the intermediate level or the grassroots people's courts determined by the higher people's courts in terms of hierarchical jurisdiction. In terms of geographical jurisdiction, the people's court in the place where the infringement occurred or where the defendant is domiciled shall have jurisdiction.
2. Internet copyright infringement dispute cases shall be under the jurisdiction of the People's Court of the place where the infringement occurred or where the defendant is domiciled. If it is difficult to determine the place of infringement and the defendant's residence, the location of the computer terminal and other equipment where the plaintiff discovered the infringing content can be regarded as the place of infringement;
3. Domain names involved Infringement dispute cases shall be under the jurisdiction of the Intermediate People's Court at the place where the infringement occurred or where the defendant is domiciled. If it is difficult to determine the place of infringement and the defendant's domicile, the location where the plaintiff finds the computer terminal and other equipment of the domain name can be regarded as the place of infringement;
4. Copyright If it is a dispute case, it shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled;
5. For cases of copyright contract disputes, it shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or the place where the contract is performed.
6. Legal basis: Article 29 of the "Civil Procedure Law" Litigation initiated due to infringement shall be under the jurisdiction of the people's court at the place where the infringement occurred or the defendant's domicile. .
"Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Disputes"
Article 2 Copyright civil dispute cases shall be under the jurisdiction of the people's courts above the intermediate level. Each higher people's court may determine a number of grassroots people's courts to have jurisdiction over first-instance copyright civil dispute cases based on the actual conditions of their respective jurisdictions.
Article 4 Civil lawsuits filed due to copyright infringement shall be governed by the provisions of Articles 46 and 47 of the Copyright Law.The People's Court shall have jurisdiction over the place where the infringing act is performed, where the infringing copies are stored or seized, or where the defendant is domiciled. The storage place of infringing copies specified in the preceding paragraph refers to the place where infringing copies are stored or concealed in large quantities or for commercial purposes; the place of seizure and seizure refers to the place where customs, copyright, industry and commerce and other administrative agencies seal and detain infringing copies in accordance with the law.
2. How to provide evidence in copyright infringement disputes
1. The plaintiff in a copyright infringement case should at least bear the burden of proof of the following evidence:
(1) Evidence proving that you are the copyright owner of the work (the creator, the creator of a collaborative work, the right holder of a professional work, the person who enjoys the partial and complete inheritance or transfer rights of the work);
(2) Evidence proving the right to claim (the copyright owner or its authorized person, successor, and assignee). For professional works, it is especially necessary to clearly define the right holder and the division of rights and authority.
(3) Evidence proving that the infringer has committed an infringement (a statutory infringement circumstance). The burden of proof to exclude fair use or permitted use shall be borne by the defendant. ;
(4) Evidence of infringement circumstances (implementation of infringement, scope of influence, victimization, degree of damage, etc.), including economic damage and mental damage;
(5) Evidence for requesting compensation such as the size of the damage and the size of the infringer’s profits.
2. As a defendant accused of copyright infringement, how to defend that the infringement was not committed, you should generally bear the following burden of proof:
(1) Evidence that you are the legal copyright holder (prior creation, authorized use, inheritance, etc.);
(2) Evidence of legal use (including fair use, legal use, fair use, etc.);
(3) Evidence that the plaintiff does not enjoy copyright;
(4) There is no profit or evidence of loss.
3. When applying the presumption of faultWhen applying the principles, the following points should be noted;
(1) The fact of copyright infringement damage has shown that the perpetrator violated copyright and other relevant laws and paid special attention to it The requirement may be a requirement for ordinary people's attention, so no further proof is required. In the field of copyright, laws, regulations, etc. have specifically regulated the copyright-related behaviors of relevant practitioners. These norms can be considered as requirements that subjects without specific copyright obligations should pay attention to.
(2) The environment and related factors when committing the infringement must be carefully considered, and whether the perpetrator may be at fault.
(3) Carefully listen to and analyze the infringer’s defense reasons, because his defense falls within the scope of evidence, and carefully examine the facts on which the defense reasons are based.
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